In Re Paternity of LaChelle AC

510 N.W.2d 718, 180 Wis. 2d 708, 1993 Wisc. App. LEXIS 1554
CourtCourt of Appeals of Wisconsin
DecidedDecember 7, 1993
Docket93-0623-FT
StatusPublished
Cited by6 cases

This text of 510 N.W.2d 718 (In Re Paternity of LaChelle AC) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Paternity of LaChelle AC, 510 N.W.2d 718, 180 Wis. 2d 708, 1993 Wisc. App. LEXIS 1554 (Wis. Ct. App. 1993).

Opinions

SULLIVAN, J.

The State of Wisconsin appeals from an order of the circuit court placing child support arrearages in trust for the benefit of Lachelle A.C. The issue is whether the trial court has authority to order that accrued child support be placed in trust for a child where the child's custodial parent was receiving AFDC during the time support accrued. Pursuant to this court's order dated April 14, 1993, this case was submitted to the court on the expedited appeals calendar. See Rule 809.17, Stats. Upon review of the briefs and the record, we reverse the trial court's order.

The facts are not in dispute. The State commenced a paternity action against William W. in April 1990, alleging that he was the father of Lachelle A.C. In July 1992, after a jury trial, William W. was adjudicated to be Lachelle's father. The trial court set child support payments at $265 per month, seventeen percent of William W.'s income. Because Cecelia C., Lachelle's [712]*712mother, was receiving AFDC, child support was ordered payable to the State.

The court set past support, owed from the date of Lachelle's birth to the date of adjudication, at seventeen percent of William's income. The guardian ad litem requested that one-half of the past child support be placed in trust to be used for Lachelle's future benefit.1 The State objected to placing the money in trust because Cecelia C. and Lachelle A.C. were receiving AFDC during the time when past support accrued. Finding that Cecelia C. and Lachelle A.C. were living below the federal poverty guidelines, and that AFDC was not enough to meet their monthly expenses, the trial court ordered that all payments towards past support be made to a trust, rather than to the State. The court stated that it would authorize disbursement of funds from the trust at the guardian ad litem's request for anything necessary to provide Lachelle with a "decent subsistence."

The State argues that the entire amount of past support is owed to the State under sec. 49.19(4)(h)l.b, Stats., because Lachelle and her mother received AFDC during the period for which past support is owed. The statute provides:

Except as provided under sub. (5)(a)lm, when any person applies for or receives aid under this section, any right of the parent or any dependent child to support or maintenance from any other person, including any right to unpaid amounts accrued at [713]*713the time of application and any right to amounts accruing during the time aid is paid under this section, is assigned to the state.

Because interpretation of a statute presents a question of law, we decide the issue independently of the lower court's decision. State v. R.R.E., 162 Wis. 2d 698, 706-07, 470 N.W.2d 283, 286 (1991). The purpose of our review is to ascertain the intent of the legislature. Voss v. City of Middleton, 162 Wis. 2d 737, 749, 470 N.W.2d 625, 629 (1991). In ascertaining the legislature's intent, our primary guide is the statute's language. Kerkvliet v. Kerkvliet, 166 Wis. 2d 930, 939, 480 N.W.2d 823, 826 (Ct. App. 1992). If the language of the statute "clearly and unambiguously sets forth the legislative intent, it is our duty to apply that intent to the facts and circumstances of the case; we are prohibited from looking beyond the language of the statute to ascertain its meaning." Voss, 162 Wis. 2d at 749, 470 N.W.2d at 629. A statute clearly and unambiguously sets forth the legislative intent where no more than one reasonable meaning can be attributed to it. Id. at 750, 470 N.W.2d at 630.

The language of sec. 49.19(4)(h)l.b, Stats., is plain — when any person receives AFDC, "any right of the parent or any dependent child to support . . . , including... any right to amounts accruing during the time aid is paid under this section, is assigned to the state." (Emphasis added.) No more than one reasonable meaning can be attributed to this language. Through the statute, the legislature has "assigned to the state" Lachelle's right to support which "accru[ed] during the time aid [wa]s paid under this section." The trial court had no authority to order that the past support be paid [714]*714into trust. The right to that support no longer belongs to Lachelle. It has by legislative mandate been assigned to the State. See also sec. 767.075(1)(c), Stats. ("The state is a real party in interest... for purposes of ... securing reimbursement of aid paid ... [w]henever aid under s. 49.19 ... is provided to a dependent child.").

The guardian ad litem argues that because sec. 49.19, Stats., does not provide when reimbursement must be made to the State, the trial court can establish the trust for Lachelle, and her mother can reimburse the State at some future point. This argument misses the point. Regardless of whether or when Lachelle's mother might intend to reimburse the State, she and Lachelle are deemed to have assigned "any right" to support payments to the State. Therefore, Lachelle has no right to receive support payments through a trust even if her mother intends to reimburse the State.

Finally, Lachelle's guardian ad litem argues that the statute violates equal protection because it creates two classes of children — those who can have trust funds (non-AFDC children) and those who cannot (children on AFDC). We understand the guardian ad litem's argument to be that, absent the statutory provision in question, any child who receives child support payments from a parent could, in theory, have that money put into a court-ordered trust. Thus, the argument continues, the statute effectively distinguishes between children based solely on the fact that some of those children receive AFDC benefits and others do not. The question then, is whether the statute violates equal protection because it prevents the AFDC children from enjoying the advantages of a trust for their child support funds. We conclude that it does not.

The Wisconsin Supreme court has explained:

[715]*715Equal protection does not deny a state the power to treat persons within its jurisdiction differently; rather, the state retains broad discretion to create classifications so long as the classifications have a reasonable basis. The fact a statutory classification results in some inequity, however, does not provide sufficient grounds for invalidating a legislative enactment. Where, as here, a suspect classification is not alleged, the legislative enactment "must be sustained unless it is 'patently arbitrary' and bears no rational relationship to a legitimate government interest." "If the classification is reasonable and practical in relation to the objective, that is sufficient and doubts must be resolved in favor of the reasonableness of the classification."

State v. McManus, 152 Wis. 2d 113, 131, 447 N.W.2d 654, 660-61 (1989) (citations omitted).

As in McManus, Lachelle's guardian ad litem has not alleged that the classification is suspect. Thus, to uphold its constitutionality, this court need only conclude that the statutory distinction, based upon the receipt of AFDC funds, is reasonably related to a legitimate governmental interest.

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Bluebook (online)
510 N.W.2d 718, 180 Wis. 2d 708, 1993 Wisc. App. LEXIS 1554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-paternity-of-lachelle-ac-wisctapp-1993.